Agenda, decisions and minutes

Regulatory and Appeals Committee - Thursday, 24th March, 2022 10.00 am

Venue: the Council Chamber

Items
No. Item

49.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from Members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the Member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

Minutes:

In the interest of transparency, Councillor Brown declared that he had worked with the West Yorkshire Archaeology Service on a number of projects, however it was not pertaining to the site relating to Land off Moss Carr Road (Minute 54).

 

In relation to the same item Councillor Lee declared that although she had had no discussions with anyone on this application, that she was the Ward Councillor for the area and that she was also familiar with the site, as her family had previously lived in the vicinity.

 

ACTION: Interim City Solicitor

 

 

50.

MINUTES

Recommended –

 

That the minutes of the meeting held on 16 Decemer 2021 be signed as a correct record.

 

(Sheila Farnhill – 01274 432268)

Minutes:

Resolved –

 

That the minutes of the meeting held on 16 December 2021 be signed as a correct record.

 

 

51.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Sheila Farnhill - 01274 432268)

Minutes:

There were no appeals submitted to review decisions to restrict documents.

 

52.

MEMBERSHIP OF SUB-COMMITTEES

The Committee will be asked to consider recommendations, if any, to appoint Members to Sub-Committees of the Committee.

 

                                                            (Sheila Farnhill – 01274 432268)

Minutes:

There we no membership changes.

 

53.

EXTENSION FOR FURTHER 3 YEARS OF PUBLIC SPACE PROTECTION ORDER FOR PARTS OF BRADFORD DISTRICT pdf icon PDF 201 KB

The Strategic Director Place will submit a report (Document “R”) which outlines the proposals and seeks approval to begin the required public consultation exercise to extend a Public Space Protection Order for defined areas within Bradford District relating to antisocial behaviour arising from lighting fires and barbecues (and other materials) on moorland sites and subsequent risk of wildfire.  The current PSPO expires on 30th June 2022.

 

Recommended –

 

(1)       That the Strategic Director, Place be authorised to undertake the         required (minimum 6 week) consultation exercise to extend a         Public Space Protection Order for Restricted Areas within   Bradford District. 

 

(2)       That further to the completion of the necessary consultation     process, the proposed Order be submitted to this Committee for      approval or, alternatively, if there are no significant objections       arising from the consultation.

 

(3)       That further to the completion of the necessary consultation     process, the extension of the proposed Order be approved under    delegated powers by the Strategic Director, Place.

 

(Danny Jackson - 01274 431230)

 

Additional documents:

Decision:

Resolved –

 

(1)       That the Strategic Director, Place be authorised to             undertake the required (minimum 6 week)consultation exercise to extend a Public Space Protection Order for Restricted Areas    within Bradford District. 

 

(2)       That further to the completion of the necessary consultation     process, the proposed Order be submitted to this Committee for      approval or, alternatively, if there are no significant objections       arising from the consultation.

 

(3)       That further to the completion of the necessary consultation     process, the extension of the proposed Order be approved under    delegated powers by the Strategic Director, Place.

 

ACTION: Strategic Director Place

(Danny Jackson - 01274 431230)

 

Minutes:

The Strategic Director Place submitted a report (Document “R”) which outlined the proposals and sought approval to begin the required public consultation exercise to extend a Public Space Protection Order for defined areas within Bradford District relating to antisocial behaviour arising from lighting fires and barbecues (and other materials) on moorland sites and subsequent risk of wildfire.  The current PSPO expires on 30th June 2022 and the intention would be to go out to consultation for a 6 week period.

 

It was stated that wildfires are a consistent risk on the district’s open spaces, particularly moorland sites where public access is allowed.  A significant portion of the district’s moorland areas are subject to rights of access, either because of their designation as common land, or as “open country” and therefore subject to a right to roam afforded by the Countryside and Rights of Way Act 2000.   Members of the public rightly visit these areas for recreation purposes, but often this includes lighting camp fires or using portable barbecues. Although there had not been any major incidents in the districts, it was important that the merits of the Order were pursued.

 

In relation to a question regarding the sale of disposable bbqs, particularly in shops that maybe in proximity to open countryside, it was stressed that although it was not illegal to sell such products, there was an emphasis to educate shop owners on their misuse and restrict their sale, where possible, as well as to provide guidance to purchasers on the issue of wildfires as a result of negligence or misuse of such products.  To this end the West Yorkshire Fire Service campaign on being aware of wildfires had yielded good results and many national retailers such as Waitrose and Aldi had now stopped selling disposable bbqs.

 

Resolved –

 

(1)       That the Strategic Director, Place be authorised to             undertake the required (minimum 6 week)consultation exercise to extend a Public Space Protection Order for Restricted Areas    within Bradford District. 

 

(2)       That further to the completion of the necessary consultation     process, the proposed Order be submitted to this Committee for      approval or, alternatively, if there are no significant objections       arising from the consultation.

 

(3)       That further to the completion of the necessary consultation     process, the extension of the proposed Order be approved under    delegated powers by the Strategic Director, Place.

 

ACTION: Strategic Director Place

 

54.

LAND OFF MOSS CARR ROAD LONG LEE KEIGHLEY - 19/04151/MAO pdf icon PDF 570 KB

The Assistant Director (Planning, Transportation & Highways) will submit a report (Document “S”) which sets out an outline application for residential development of land for up to 103 dwellings requesting consideration of access, land off Moss Carr Road, Long Lee, Keighley.

 

Recommended –

 

That the application be approved subject to the completion of the Section 106 and conditions set out in Document “S”.

 

(Hannah Lucitt – 07811503622)

 

Decision:

Resolved –

 

That the application be deferred to a future meeting, to allow for further information/clarification to be provided on the following issues:

 

(i)           Arrangements for the drainage/culvert

(ii)          Access / egress and;

(iii)        Provide an update on the Village Green application and assess its impact on Moss Carr Road.

 

ACTION: Assistant Director (Planning, Transportation & Highways)

 

(Hannah Lucitt – 07811503622)

 

 

Minutes:

The Assistant Director (Planning, Transportation & Highways) submitted a report (Document “S”) which set out an outline application for residential development of land for up to 103 dwellings requesting consideration of access, land off Moss Carr Road, Long Lee, Keighley.

 

During the PowerPoint presentation, the Assistant Director provided an

overview of the proposed development, showing photographs of the site, plans and drawings and summarising the representations that had been received.  An additional representation from a Ward Councillor was circulated in advance and tabled at the meeting, which drew attention to the fact that Moss Carr Road also has a narrow and sharp bend with poor visibility a couple of hundred yards from its junction with Long Lee Lane and these issues make it entirely unsuitable for it to be used as an access road to 103 dwellings; the previous major applications at or beside this site have been refused as a result of highways and drainage concerns; Moss Carr Road is a cul de sac that services residential properties, kennels, a cattery, and three working farms; Moving on to the junction with Long Lee Lane, there is a crossroads linking Moss Carr Road, Calton Road and Long Lee Lane; that a Village Green application was submitted almost three years ago by residents, with support from district councillors and no decision has been made yet.  The Ward Councillor urge that Members refused the application, or defer it at the very least, to look properly into problems with the junction, village green, mines and unsuitability of the proposed highways mitigations. Photographic evidence was also submitted in support of the above points.

 

A full assessment of the application, relevant planning policies and material planning considerations were included in Document “S” at Appendix 1.

 

The application site was formerly allocated as Safeguarded Land, under policy UR5, proposal area K/UR5.19, in the RUDP. However, the principal policy, Policy UR5 was not saved as part of the RUDP and sites previously allocated are no longer allocated as Safeguarded Land. 

 

The principle of housing has been considered against the former Safeguarded Land allocation, highway and drainage issues. It is considered that the proposed residential development would be acceptable at this site, without prejudicing highway safety and addressing drainage matters. In addition, the proposal would increase the supply of housing within the District.

 

The application was recommended for approval subject to the completion of a Section 106 Agreement to include the funding of highway improvements at the Coney Lane bridge, Keighley, and the conditions set out in the report.  A number of additional conditions were also being proposed relating to drainage and requiring full details of the highway works prior to development commencing. It was also stressed that the developer was intending to make a funding contribution to the Council to carry out works to the Coney Lane bridge which had been an issue in this area for a number of years, and the works would be funded in lieu of the requirement to provide affordable housing  ...  view the full minutes text for item 54.